As an adjunct to any existing class A license in the city, a licensee may operate an outside facility on the licensed premises for the sale, use and consumption of alcoholic beverages lawfully used on the licensed premises under the following restrictions:
A. Application by the licensee for such facility shall be made to and approval or disapproval given by the city council prior to construction. The application shall indicate the dimensions and proposed layout of the facility and method and materials of construction;
B. There will be no live or recorded outdoor entertainment, or speakers or amplifiers on the outside premises;
C. The premises shall be surrounded by a six foot (6') high fence of solid construction, such that there will be no visual access to the premises from the surrounding street or areas;
D. There shall be no entryway or exits to or from the outside premises except through the building housing the licensed establishment, except that there shall be emergency exits satisfactory to the fire marshal and other appropriate regulatory bodies, if any, to provide emergency passage from the premises;
E. The liquor control commissioner may terminate the use of such outdoor facilities for any licensed premises upon a showing that any of the provisions of this section are not being followed by the licensee, or that the use of the premises is detrimental to the health and safety of adjoining property owners or lessees or the public in general. (Ord. 353, 7-14-1997)